johnston we are still talk being about the rescue of the bear cub in skafplt everything is bigger there, you don't get the scale of it. it weighs about 50 pounds, that is a good-sized cub. jenna: we need to get you a one of those bear shirts too. that was a nice touch. "america live" starts right now. megyn: fox news alert on a big story from the campaign trail, it is a very controversial fight over early voting rights in a crucial battleground state. welcome to "america live," everyone, i'm alisyn camerota in for megyn kelly today. the obama campaign has filed suit against ohio, this is an ohio law that grants special voting privileges to military members. the law allows early voting, servicemen and women, they can vote up until the monday before the election. well, the rest of the public has only until that friday, november 2nd before election

day to cast their early votes. the state of ohio is going to court to block the obama campaign, and a half dozen military groups are now asking a judge's permission to do the same. chris stirewalt is our fox news digital politics editor and host of power play on foxnews.com. chris, what is the problem here? >> the problem here is that the president and his campaign would like to have the polls open as long as possible in ohio. they call it in-person absentee. they'd like to see it continue until the polls open on november 6th. they carved out a little area for military personnel, in case they were on-duty, and there are military installation tph-s ohio, wright patterson, air force base. they created a couple extra days for service members to go in. the obama campaign says, no, including the democrats that

they are trying to mobilize in cleveland and cin are trying to get them to the polls. the military says wait a minute this is a special privilege that was granted to military members so they could do this. it was not designed just to have inch person early voting all the way to election day. >> reporter: this is one of the things that is curious about the story. there are a whole bunch of other states that stopper lee voting on november 2nd. there is colorado, nevada. why are they concentrating only on ohio? >> it may have to do with the fact that ohio is pick the winner of the presidential contest in every election since 1960. it's the most important swing state in so many ways, and you know what, everybody knows that when we get to the end it's going to be close. president bush won his re-election in 2004 by just a little bit more than a hundred thousand votes in a state where many millions of votes are cast. for them it's important.

is it worth the risk is the thing they have to cold front as it comes to ohio. this is not exactly what is in the suit but the optics here say, why are you, mr. president, seeking to take away this special privilege, or eliminate the specialness of the voting rights for these military people? why is that something you want to do? it may be advantageous in a close fight but it may not look great. >> reporter: the obama administration is saying they want to extend them for all ohio sit tense an citizens, why not extend it for all until november 5th. >> they need to absorb, count and be ready to go with the real election. when the early voting is done they want to be able to process that and do it. if they have the polls open without a brick fo break for weeks, they can't do it. election officials prefer to have that special pit in

between, ohio carved out a special thing for these folks. when you look at the gore campaign they made a big issue of overseas military ballots that came in. was it post marked, some of them don't get post marked when they are coming for a ship or something. some of them won a few ballots and got them disqualified it didn't look for them to do anything when it came to military votes. >> reporter: we'll keep an eye on it. ohio is expected to play a crucial role in the 2012 election, for proof look at the president's travel schedule. the president has visited ohio nine times, the last visit a couple days ago. president obama has gone there 25 times. the only state the president has visited more is new york which you exclude maryland and virginia which are right next to washington d.c. much more on this in our next hour, including what the white house is saying about this

lawsuit and an interview with the ohio attorney general. we have new evidence that the economy is still struggling three years after the recession supposedly ended. employers added 163,000 jobs in july but the unemployment rate rose from 8.2 to 8.3%. the larger measure of the unemployed and understand employed climbed hitting 15% up from 14 point 9%. the average time americans have been out of work now stands at almost 40 weeks. that means if you lost your job today you might have trouble getting a new job until the first week of may 2013. fox' wendell goler is live at the white house with what the president had to say on this a short time ago. >> reporter: the numbers of jobs created last month was about 60,000 more than analysts had expected after three straight months in which the total figure was less than a hundred thousand. the president said a hoert whi

short while ago the numbers show that the recovery continues but they also show we've still got a long way to go. >> we still have too many folks out there that are looking nor work. we have more work to do on their behalf. not only to reclaim all the jobs that were lost during the recession, but also to reclaim the kind of financial security that too many americans have felt was slipping away from them for too long. >> reporter: the unemployment rate picked up a 10th of a percent even though fewer people were looking for jobs, that is an unusual combination. presumptive republican nominee mitt romney said for more than three years the jobless rate has been higher than the president said his stimulus bill would let it rice to. >> the official unemployment number 8.3%, that is the longest period of time, 42 months, the lon longest period of time we've had unemployment in american history, since it's been recorded.

this is a historic record of failure. >> reporter: u.s. history.com said unemployment was higher than 14% for ten straight years from 1931 to 41. the president says the tax cuts and regulatory relief that republicans are pushing would recreate the conditions that led to the recession that we are still climbing out of. >> reporter: thanks so much. that jobs report not only raising concerns about the economy but also about president obama's re-election hopes. the unemployment rate now at 8.3% as we said, that is exactly the same place that it was in february 2009 when president obama said this. >> i will be held accountable. i've got four years. >> you'll know quickly how people feel about what is happening. >> that's exactly right. a year from now i think people will see we're starting to make some progress, there is still going to be some pain out there.

if i don't have this done in three years then there will be a one-term proposition. >> reporter: our jobs panel will weigh in on the numbers coming up in our next hour. stick around for that. the battle over the first amendment is playing out again today at kreubg-fil-a, after t kreubg-filia after the owner made comments about traditional marriage. they are buying up chicken and setting sales at some franchises. same-sex marriage groups are expected to stage their protests. john roberts is live in georgia, do we know how those protests are going, john? >> reporter: good afternoon to you. it was an energetic and peaceful protest here. not as many people as hoped came out. they expected 500 or maybe more, maybe topped at 30 or 40

people. if you look at this compared to what happened on wednesday, tense upon tens of thousands of people came out to show their support. that was also on the facebook postings. the protest on wednesday was all about ceo dan kathy's right to free speech to express his views about marriage. here at this protest it's a little bit different. folks i talked to says he has every right to express his views on marriage without fear of republican tra pwaougs o retribution or criticism. but they say chick-fil-a gives money to charities that oppose same-sex marriage, that's what they are upset about. >> i believe everyone should have their own beliefs. my issue is that he's giving money to an organization that is trying to take my rights away as a person, whether i'm gay, straight, have a family or not.

he is inflicting on my civil rights. >> reporter: other folks that we talked to say that dan cathy has every right to give money to whom he chooses just as the krerbgs o oceo of amazon has the right to give money to organizations that are for same-sex marriage. people here have been very, very poe live. if you look across the country, the attitudes towards same-sex marriage have been change. here is a pew poll that came out yesterday. in total 48% of people, support same-sex marriage, that is up 9 points from 2008. democrats are most likely to support it, 65%, that is an increase 615 points in the last few years. independents are at 51%. republicans at 24%. all of this has focused a lot of attention on no doubt will be a

tkepblg issue in the fall campaign. who now it would revolve around the chicken sandwich. >> reporter: that would be hard to predict. we are happy to report so far there have been polite protests on both sides. that's nice. thanks for the update. new details today on an immigration problem -- officer we should say facing possible punishment for arresting an illegal immigrant who had multiple traffic violations. up next is the president's executive order on immigration creating a new protected class? we'll explore that. a growing debate today over what some are calling campaign stocking. these are operatives who follow conned dates and sometimes even their families around everywhere they go, like to the grocery store. is this free speech or a dangerous precedent? shocking new developments in the case of the very tan mom, you remember her, she was accused of taking her little kid into the tanning booth. it looks like she may have changed her ways and we've got

the pictures to prove it. [ male announcer ] this is rudy.

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>> reporter: there is a new presidential ticket in town, rosanne bar and cindy she an sheehan are joining forces to win the peace and freedom party. they want to win a line on the ballot. the sitcom star they say high school a fairly high chance of winning the nomination. sheehan will speak tonight at the party's nomination convention, while barr will speak tomorrow. the party is committed to socialism, deck crazy, feminism,

and racial requality. indicate th-l you hear this story. an immigration and sus tomorrow's enforcement agent is facing suspension for doing what many people thought was part of his job. he arrested an illegal immigrant with a string of traffic violations, including driving without a license. he refused orders to then release that suspect after his supervisors decided that the suspect is not considered a priority under the obama administration's new immigration policies. a police spokesman says an american citizen who was arrested on the same charges would have to stay in jail until a judge ordered the release. now alabama senator jeff sessions is demanding answers from ice officials. todd starpbs has this story. great to have you with us. this was an incident out of newark, delaware. this ice agent saw an illegal immigrant driving. give us the back story of what happened here. >> this happened back in march. the ice agents were trailing a

primary target, a suspect they were after to eventually deport. they pulled over the vehicle and instead of finding their primary target they found another illegal immigrant. this person had been in the country for ten years, 35 years old, was driving without a driver's license, and this individual also had about ten traffic violations. so the agent, who is out of the philadelphia office, arrested this individual and brought him back to the office, and that's where field supervisors gotten solved, two according to documents we have received that detail all of this incident. and because this individual was not a primary target the officer, the agent was instructed to release this particular individual. >> reporter: right and the sergeant didn't like thathe agent didn't like this idea, he refused to release the suspect, so, he, now, the agent faces punishment and a suspension

while the illegal immigrant goes free. >> that's right this isn't something rookie agent we are talking about. 18 years in law enforcement, a military veteran, ice for a number of years and was an instructor at the academy. he raised quite a fight with his superior officers. he refused to do it. he said i'm not going to put the person back out on the street. as a result of that he's facing a three-day suspension. if it happens again his union reps are afraid this guy might not only lose his job but his pension. >> reporter: one of the confusing things about the story is the new presidential directive as we understood it was about minors. kids brought here through no fault of their own as minors, in high school, the president didn't think they should be deported. this guy is 35 years old, why he is part of a presidential priority? >> that's a great question. i reached out to ice and they are not talking about this incident.

i took a look at president's orders, the new immigration orders, there is a caveat, it talks about people who may have multiple misdemeanor offenses, people who may be older than college age, those people are eligible to be deported, and this individual, this suspect met those requirements. he had ten violations, and he's 35 years old, and yet right now somewhere in the united states this illegal immigrant, without a driver's license is driving somewhere on our highways. >> reporter: what did the ice agents who you talked to tell you about their frustration and their confusion about what their mission is now? >> they don't know. many of them are just trying to h u.n. ke hunker down, keep their heads down, keep their pensions. they are outraged over there. last month an ice agent was injured after an illegal immigrant attacked him during

one of these stops. this individual, this illegal was let go, not even charged in that particular offense because he was not a primary target. >> reporter: exclusive reporting on this. we appreciate you coming in and sharing it with us. >> thanks. >> reporter: new concerns in a big-city mayorsfight as the denouncing the chick-fil-a corporation continues to grow. so can public figures really put limits on any given company based on the fact that they don't like what its president stands for or thinks or says? that debate just ahead. they said this mom was addicted to sun or tan inch. now the tan-happy mom a cuesed of over exposing her child says she's changed her ways. we've got the pictures to prove it, next. and after the worst mass shooting in u.s. history a major u.s. city is offering new advice on how to deal with a crazed gunman in the workplace. that advice is just ahead.

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alisyn: there are new developments in the fast and furious investigation. we are just getting word that one of the officials in that botched gun-running operation has left the bureau of alcohol, tobacco and firearms. a spokesman says that william hoover has stepped down handing his retirement papers two days earlier this after a g.o.p. draft report blamed hoover and four other officials there for this. i served as the second highest ranking at the atf since

february 2007. there is apparently a big change for the new jersey mom known as the tanning mom. she made headlines when she was accused of bringing her six-year-old to a tanning salon. viewers were shocked by her orangy-tan skin color. she is featured in the new issue of "in touch" she says she is taking on a new and more natural look. trace gallagher is live with the details. i can't wait to see the pictures, trace. >> reporter: losing that orangy-bronze color she's got. the whole thing is she says people see the less-tan version of her and think it's an improvement. she says she looks weird and pale. this is what she looked like after daily trips to the tanning salon, sometimes she'd sneak in twice a day. now one month without, take a look at this. she admits she didn't go quite cold turkey, she used tanning

creams and spray-on tan. look at that after one month of no tanning. in this "in touch" article there is a picture of her 20 years ago and you can see how much damage the tanning booth has done over the years. she says she was born to be tan, listen. >> i was born in long island, and i grew up on a beach. i've always been tan. >> reporter: remember that? remember that interview? now she says she is done tanning, for the most part. she night sneak in every once in a while. she says people still look at her like she is a monster because of accusations that she brought her six-year-old daughter into the tanning booth, and the teacher noticed she had a serious burn, she went to the nurse and the daughter said her mom took her to the tanning booth. the mom said she got the burn out in the yard that she would never take her there, listen. >> any person that would stick a

child in a tanning bed is mental. okay? and any mother that said something or doesn't even know me taking an accusation that i did, they don't have children. >> reporter: i mean it's kind of bizarre to see the new her compared with the old her? she by the way is in "in touch" magazine this week. she high school a 4-year-old child as well and also has an 18, a 17-year-old and a 15-year-old, and guess what the older kids are all avid tanners. they love the tanning booth. the mom says she's done, at least for a while. alisyn: trace she looks so much better. it's remarkable. >> reporter: i know. alisyn: maybe she should have just bought a mirror earlier, that might have helped. wow, look at that, that is an improvement. all right thanks for showing us those pictures. >> reporter: sure. alisyn: see you soon. meanwhile same-sex marriage reporters today are planning to exercise their freedom of speech

with a kiss in at chick-fil-a restaurants. the mayors of some of the largest cities are going a step further by banning the chain from expanding in their cities. a new twist in this first amendment fight next. you can't miss the red, white and blue images, they are iconic, like the big win in 1996, what about gabby douglas' big win? where are her red, white and blue stripes? we told you about campaign trackers, following candidates and often their families around, sometimes videotaping them at home. what should be done to protect the privacy of those in the public eye? >> though are probably trying to maintain some time of narrative, either i live in a very expensive home, which i don't i live in a relatively modest middle class home in northeast wisconsin in a middle class neighborhood. i've been a successful business person and they might want to

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alisyn: following new developments on one of our top stories from the campaign trail today. the obama campaign is now speaking out about the decision to file a lawsuit against an ohio law that grants special voting privileges to members of

the military. there are sometime laws in several states, but this suit only targets members voting in ohio, that of course being a key swing state. now more than a dozen military groups are opposing this lawsuit of the campaign. we have new reaction to all of this in a live report from the white house. fox news alert for you because there is new video coming in now from the chick-fil-a controversy that was first sparked by the company's president's comments supporting traditional marriage just days after his supporters flooded chick-fil-a stores across the story, same-sex marriage supporters are staging their own protests at the restaurant chain at this hour. the controversy has evolved into a much larger debate. after several big city mayors have joined in saying chick-fil-a is not welcome in their cities. the mayors of chicago, boston, washington d.c., comedian jon stewart took a shot at the

mayors last night. >> i'm pretty sure you can't outlaw a company with perfectly legal practices because you find their ceo's views appellants. i'll not sure which amendment covers that, but it's probably in the top one. alisyn: alan colmes is the host of the alan colmes radio show. mike gallagher is a syndicated radio host and fox news contributor. thanks so much for being here. let me start with you, alan, is this a debate about freedom of speech the first amendment or about gay rights. >> it's both. unfortunately because the mayors did what they did and said what they said it became a first amendment issue and it shouldn't be. the true position should be let all people come and let businesses drive and to try to suggest either through innuendo or otherwise that a business isn't welcome in a community because you disagree with either the political philosophy of the owner or where they put their corporate profits which they have the right to do i think is

an antiprogressive position. i have to disagree with the mayors. what they did is what led to chick-fil-a appreciation day and they made it into an issue it shouldn't have been. alisyn: mike of course that is the irony is that chick-fil-a appreciation day was a boon for the business. so many people came out they set records. what message does that send to mayor mayors rahm emanuel or others in the future. >> i've converted alan into a free-market consumer. >> i've made you into a tolerant progressive, mike that's what happened. >> no, no, no we are in lock step on this one my friend. i was speaking to a friend on the phone who happens to be gay. he went to chick-fil-a this week. he said gays and lesbians should be lining up in support of a company who are being threatened

for extinction by these mayors. he said this mayors can come after a company with christian beliefs, then they'll come after the gays, the jews, the atheists. alan is spot on when he says it's the mayors that prompted a chick-fil-a appreciation day. i think this was a debate about mayors who are intolerant about a view like dan cathy's that we all agree with. >> i don't want my views being eupblg preupblgd upon. if my views offend somebody and i'm a business person i don't want some authority to say i shouldn't be able to establish there, as mike correctly points out the old staying, first they came for the jews, who do they go for next. mike, i welcome you to the progressive side of things. a progressive should be open and toll atlanta o all views that are expressed. >> i don't want to leave this own a agreeable note with you.

it will tkpwraoupb my w ruin my weekend. this has a strong political content. nancy pelosi weighed in and offended the san francisco's player's bullyin mayor's bullying tactics. >> she's people were wrong to try to put the fear -- i won't say the fear of god but the fear into the people who might want to do business, but let's not broaden it and paint it with such a broad brush like all democrats, liberals and progressives think the same way. alisyn: i want to broaden it a little bit. what is the line if some company were to hold some sort of repellant views, let's say they made openly racist statements. isn't there a line where the mayors can say we don't want your business. >> they have to obey antidiscrimination laws. i know they've had antidiscrimination laws in the past. but as long as they hold that

line and they don't discriminate against who they hire and choose, that's fine. >> i'm not trying to paint with a broad brush and say every democrat feels this way, there isn't a single republican politician that feels this way. not one republican has supported these mayor. nancy pelosi has. >> sarah palin said the other day this a boycott infringes upon people's free speech, that's absurd because the next time conservatives boycott something i want her to say same thing. >> i disagree with her. we have the right. that's the free market. you don't want to go to chick-fil-a don't go to chick-fil-a. >> if you stapbt to stag want to stage a kiss in, you have a right to stand up for your beliefs, if you work within the law and they don't discriminate on who they hire or serve they are okay. >> you don't have a right as a mayor as the san francisco mayor said you better not come anywhere near san francisco if you're chick-fil-a, that is

repulsive and repugnant and that is hate speech. >> i won't call it hate speech but we do agree that the mayors mis-stepped when they made those comments. alisyn: in other words the mayors in the future, here is a teachable moment for mayors, they can also express their own views, they can say i disagree with whatever business but they have to leave their doors open for business. >> mayor bloomberg said i don't agree with dan cathy's position but you sure can't threaten a business' livelihood with extinction. come on these guys are out of line, they ought to be impeached. >> bloomberg has the right attitude about it. >> you bet he does. alisyn: i am sorry to say this you are still in agreement. >> i don't like this at all. alisyn: thanks so much alan and mike great to see you guys. alisyn: reports that israel may have to launch an attack on

iran's nuclear plants before the election. while they are nervously watching the polls with one eye and teheran with the other. candidates may be public figures but should they and their families be allowed to have privacy or should they be followed everywhere they go, home, work, family get-togethers, a new twist to the growing debate over campaign stalking next. senate majority leader harry reid claims that someone told him mitt romney did not pay taxes. they are challenging that claim. >> the word is out that for the past ten years harry reid has been beating his wife, do i know that harry reid has been beating his wife? no. do i have any proof no, but the burden is on him to prove that he hasn't been beating his wife. that's essentially what harry

reid just did to mitt romney. including the gs and is. [ engines revving ] because control is the ultimate expression of power. [ revving continues ] ♪ during the golden opportunity sales event, get great values on some of our newest models. this is the pursuit of perfection.

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alisyn: check out these pictures from vermont where today a farmer got so angry after a marijuana arrest that sheriff's deputies say he crushed their cars with his tractor. the cars look like they came from a monster truck show. five crewsers, one unmarked car and a van all totaled. police caught a 34-year-old man a short distance away. no one was hurt. the estimated damage to the vehicles more than $300,000. new concerns today about the increasingly invasive tactics of campaign trackers. those are people who follow candidates and their families around with cameras and then upload the footage to youtube, and now dozens of house members are fed up with this practice. they say it borders on

stalking. democratic congressional campaign committee reportedly stands by this practice saying it hopes the footage will be used in tv ads this fall, while the national republican congressional committee has banned this activity. illinois congressman randal holgren is one of the congressman who signed a bim to stop tha bill to stop the trackers. is comparing this to stalking overstating the case? >> i don't think it is. we know what we're getting into when candidates run for office. we know we'll be asked a lot of questions, put in difficult situations. we didn't expect our families be put in this uncomfortable spot or our neighbors. there's got to be some level where candidates can have privacy and their families have privacy, even safety concerns of having people hiding in bushes or out in streets, filming our homes, filming us when we're at the stores, it just goes too far. alisyn: just to play devil's advocate here is how the

trackers justify it. they think that they are operating as short of sis seven journalists where let's say there is a candidate on the stump that is preaching populism, but they catch the wife driving around in a mercedes or them living in a big mansion, shouldn't the public know about the hypocrisy? >> they could ask the candidates questions. but they are threatening, at least appear to be threatens, standing out in the street in front of homes, hiding in the bushes. watching people while they go to the store. it's invasive, it does not address the issue. if they have an issue ask it at the debate, or in a news interview or something like that, i think that's appropriate and the candidates expect being asked those questions to make sure that what we're saying is actually what we're doing, that we are being accountable that way. but i think it goes much too far with what the trackers have been doing. we saw it in our own race a couple of years ago, not to the extent even now that we're seeing, so it's getting worse.

now is the time for both parties to step up. what i've signed is a letter authored by a good friend of mine from the green bay, wisconsin and also dennis c, cinich. it's bi-partisan. we need the democratic party and the republican party to come together and say this is too much. we can answer questions but not have this intrusive nature where the campaign completely takes over our lives but also our family lives as well. alisyn: you sent this letter and as you said it's b by bayh part son to steve israel. how can you stop it? today everybody has an iphone, how can you get people to stop this? >> they can do this. somebody is paying people to do this. you can pretty much say, if you do this we're not going to pay you. the rnc has paid trackers in the past. the rnc has taken a real step in

the right direction of saying we will not do this and making sure that any tracker that is accountable to them will not do it. we are calling on both parties to do the exact same thing. i believe people will listen. if they are not getting paid, if it's not being used and put out on the internet then it would stop. alisyn: i was stunned to hear some of the tactics, following candidates' family members to the grocery store, taking video of them. following them home, showing their home addresses, particularly in this post gabrielle giffords tragedy. we know that deranged people do like to know where politicians are at all times, and do sometimes show up there. i mean aren't people -- don't people have some sort of responsibility to protect the safety of others? >> i think they do, and we certainly know when we get involved in politics like this that we, ourselves are going to be somewhat in the public eye, but our families didn't

necessarily sign up for that, and certainly our neighbors didn't sign up for that. this is important, and i was -- i'm one of the new freshmen members of colonel along with reid ribble. many have signed on, even those there for a few years and think it's gone so far. i got to meet gabrielle giffords, and a couple days later there was the horrible trapblg tkaoef th tragedy of the shooting there. it's a matter of making good choices and saying it's gone too far. let's police ourselves and make sure this doesn't happen. alisyn: thank you for coming in. >> good to be with you. alisyn: new details in the disturbing kidnapping of the mother of a baseball legend. we learn more about that bizarre abduction that was over almost as quickly as it began. folks across the country now have a chance to check out an eye-opening video on how to deal with a potentially deadly

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alisyn: we're seeing a dramatic new public safety video on how to handle a mass shooting. houston, texas taking no chances releasing this training program that looks early similar to what happened in o aurora colorado. they want their residents to be ready if tragedy ever strikes

tell us what you see here, trace. >> reporter: the idea was to use a catchy phrase, this one is called, run, hide and fight. if you look at this thing, man, it is really realistic. you have a guy walking in, pulls a gun out. it's kind of disturbing to watch because he starts opening fire on a lot of people, then he method particularly goes about doing it. it's a 6-minute video, shows you what to do if a shooting breaks out in a public place. the first tip is to run, listen. >> first and foremost, if you can get out, do. always try and escape or evacuate even when others insist on staying. encourage others to leave with you, but don't let them slow you down with indecision. >> reporter: get out yourself, it says leave everything behind and just go. the houston mayor had this produced as part of disaster preparedness, it was funded by a

$200,000 federal grant. the video was a completed before the colorado massacre but the shooting convinced the mayor to release it. okay, now to point two, if you cannot run you must hide. watch. >> act quickly and quietly, try to secure your hiding place the best you can. turn out lights, and if possible remember to lock doors. silence your ringer and vibration mode on your cellphone. >> reporter: yeah, look the video is not really meant to freak you out. i watched it all and it is kind of disturbing to watch. houston has got eve has got ten requests to get copies to businesses, schools, to city halls across the country. if you can't run, you can't hide, you know what you've got to do, you've got to fight, listen. >> as a last resort, if your life is at risk, whether you're

alone, or working together as a group, fight, act with aggression, improvise weapons, disarm him, and commit to taking the shooter down no matter what. >> kind of amazing because in these types of scenarios, we have no idea what we'd do but in recent shootings we have seen a number of cases where people have used that last one, they have fought back and they have fought back successfully. but this bottom line is saying, you've got to run if you can, and if you can't you've got to hide, and your last resort is to fight. very effective, by the way. alisyn: it sure is, it's terrifying but important information, trace, thanks. >> rep alisyn: new reaction to our top story. the obama campaign is releasing a statement on the decision to file that lawsuit against the law that grants special voting privileges to military members in ohio. we are live at the white house next. plus stars and stripes, front and center in some of america's

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alisyn: members of the military and the president's campaign on a collision course over voting rights in a key swing state. welcome to a brand-new hour of "america live." it was three weeks ago the obama campaign filed a suit against an ohio law that grants special voting privileges to military members. the campaign says they are not going after the military voters, they want the rules to be the same for everyone. but a half dozen military groups are asking the court if they can join in an effort to block this lawsuit. ed henry is at the white house with more.

>> reporter: the national guard association and other military groups are noting the members of the armed forces are risking their lives to protect the right to vote for all of us and they call it offensive in their legal filing that the obama campaign, the democratic national committee are arguing it's arbitrary and unconstitutional for the members of the military to have special rights and extra time to send in their ballots in the state of ohio. in the state of ohio, special consideration as well for the campaign of presumptive republican nominee mitt romney. no republican has ever won the white house without winning the buckeye state. a short time ago mitt romney spoke out on this. >> in my view every effort should be taken by the government of the united states of america to insure every member of the military has the right to vote and their vote is counted. any effort to impede the right of our military members overseas

or here domestically in voting would be an extraordinary violation of the trust we would have for those who serve so valiantly. >> reporter: back in 2000 it was a political and public relations disaster for democrats when they started to challenge some military ballots from being counted in state of florida. the obama campaign in chicago is insisting nothing like that is happening here. the campaign manager says this is about extending the rights that members of the military have to the rest of voters in ohio. he says quote along with the dnc and the ohio democratic party this campaign filed a lawsuit to reinstate material voting rights for all ohioans. the legislature arbitrarily stripped it away this last year. he said every ohioan who has fought to keep voting rights intact should know the best way to help is to join the

organizing that makes sure every eligible voter is ready to cast his ballot this fall. the lawsuit in ohio. 18 electoral votes sat stake. that is why this is such a big deal there. but whatever happens could have implications in other states that have special rights for military voters. a hearing is scheduled in this dispute for august 15. so it's coming up in the days ahead. alisyn: in 2008, 30% of the votes in ohio came through early voting. a big issue and ohio always a bellwether. thanks so much for explaining that. for more contact when it comes to military voting were here is some. 47 states require military absentee voter ballots to be sent out 45 days. elections. all 50 states and the district of columbia allow military and overseas voters to receive blank ballots electronically.

and don't require a notary or witnesses for voters. in 10 minutes we have a member of a veterans' group who knows what hurdles service members have to jump through for the right to vote. we'll be joined by the ohio attorney general to talk about all of this. will israel attack iran prior to our election day here? that is the question after a bold warning to iran from a former israeli spy master. ahmadinejad's regime should be worried about a possible attack and we are learning the next 12 weeks could be very quote critical to israel's decision on whether to strike. that time frame coincides with the runup to the u.s. presidential elections.

mr. ambassador, thank you so much for being here. israel is watching the time line. and according to these new reports out of israel, the next 12 weeks are very critical to israel's decision making. they sound as though they are refer together u.s. presidential race. why are they keeping an eye on that so closely? >> i think this particular warning comes from a former official who has been very negative about the prospect of actually seeing israel attack iran's nuclear weapons program. i think you should treat this with that political background in mind. he may know something that worries him about the next 12 weeks. but in part i think he's more concerned the netanyahu government may be closer to a decision than others had feared. there is a further factor. the weather factor. if israel is going to strike it

would prefer not to do so during the winter months and that could explain the 12-week period. alisyn: it does sounds like netanyahu is growing impatient. he has been pretty clear he does not believe economic sanctions or diplomacy have or will work. so what do we think will be his deciding factor? >> i think netanyahu made it clear he will wait as long as he can. he's not eager to precipitate a military strike on iran. i think it's almost universal across the israeli political spectrum and through the security services. that they would rather have the united states address the iranian nuclear weapons program. i think they see president obama despite his rhetoric has no intention of doing that. that's why the spotlight is on israel and why the decision may be forced on them well before they might otherwise like to have to make it. alisyn: you talk about the rhetoric. on the campaign trail there has

been rhetoric on both sides. president obama and mitt romney have said they have israel's back. they strongly stand with israel. but they have been short on specifics. what does that mean? >> i think in the case of the obama administration it's like a casual phrase they drop in at the end of any discussion about how much they want to negotiate with iran to find a diplomatic solution to the nuclear weapons program, then in an offhand way they say all options are on the table. the fact is that casual reference to the possibility of military force doesn't impress anybody. it particularly does not impress the mullahs in tehran. i think that's why iran continues to make steady progress towards the nuclear weapons objective. if the u.s. threats were credible we might be in a different situation. but that's not the case with president obama. alisyn: you know how to read the

international tea leaves. what do you think israel is going to do? >> i think they are under heavy pressure not to use military force and under extraordinary pressure not to use force before our election on november 6. i think israel reserves to itself the decision to act in self-defense despite the u.s. urging them not to. they destroyed a reactor being constructed in syria buy north koreans in september of 2007. while there is every indication that israel would prefer the united states take the lead. i think they will act preemptively if it is in foe tesks their existence. alisyn: the president said back in 2009 if he could not improve our 8.3 unemployment rate situation his time in office could be a one-term proposition.

now that unemployment is back at 8 about 3% last month, what does this mean for his campaign. new details on the kidnapping of a baseball legend's mother. cal ripken junior asking for help in what he calls a premeditated crime. >> everyone is asking about my mom and what condition she is in. she has gone through a very traumatic experience, one you look at and think, this is a movie and somehow we are in it. yeah. mm. some laxatives like dulcolax can cause cramps. but phillips' caplets don't. they have magnesium. for effective relief of occasional constipation. thanks. [ phillips' lady ] live the regular life. phillips'.

alisyn: a man dubbed the chick-fil-a bully now out of a job. a cell phone video he shot chastising a chick-fil-a worker. this is my free water.

you know why i'm getting the free water, right? >> i do not. >> because chick-fil-a is a hateful corporation. the corporation gives money to hate groups. hate groups. i don't believe corporations should be giving money to hateful groups. i don't know how you live with yourself and work here. i don't understand it. this is a horrible corporation with horrible values you deserve better. >> i hope you have a really good day. >> i will. i just did something purposeful. and i'm heterosexual. alisyn: the young woman never loses her composure. the man who posted this video on youtube has since been canadian as chief financial officer of a medical company. we hope he can find a new job.

it takes around 11 months these days to find a new job. >> in my view every effort should be taken by the government of the united states of america to assure every member of the military has the right to vote and their vote is counted. any effort to impede the right our military members overseas or here domestically in voting would be a violation of the trust we should have for those who serve so valiantly. alisyn: that was mitt romney reacting to our breaking news on that lawsuit filed by the president's reelection team it challenges a law in ohio that gives members of the military more time to vote than other citizens. well, now the president's people say they are not trying to punish our men and women in uniform, but already a half dozen military groups are asking the court to let them join in this effort to stop president's reelection team from

changing these voting rules. our guest recently served in afghanistan he can attest to issues members of our military have with voting. captain, let me start with you. the obama reelection team says this isn't about hurting military men and women, this is about extending early voting to all citizens. what's your response? >> they think it's reverse discrimination at civilians are being treated unequally. that's easy to think about in an air-conditioned campaign office in chicago. but tell that to the sergeant in the hills of afghanistan who is not thinking about 45 or 15 days out or when his ballot needs to get into the mail. he might need those extra days.

in a state like ohio which has fantastic voting laws for the military and civilians. no one is being discriminated against. i commend the attorney general and secretary of state of ohio for doing everything they can to make sure every military ballot is counted. alisyn: what is your response to that mr. dewine. >> dating back to the civil war we treated our military different because they are in a different circumstance. courts that have looked at that said that's absolutely right. the obama campaign and the state democratic party are saying there is no rational basis to treat them differently. no legitimate justification that the campaign can discern to treat military different than everybody else. i just find that shocking. everyone knows the difficulty that military many times have in voting. the federal law that was passed and has been upheld makes a

distinction between how absentee ballots are handled in every state in the union. so this is just -- i find it to be quite shocking that they would want to do that. and as is already been point out, we have a number of veterans organizations seeking to join this. and also ohio, i must say, ohio has very, very open voting. anybody in the state of ohio for 35 days before the elections for any reason, no reason at all, can get an absentee ballot. so it's not difficult to vote in the state of ohio. alisyn: captain, can you share with us some of the challenges that our military servicemen and women have to go through in voting? >> sure. every unit that's field has men and women from states across the country. every state has different rules about what you can and cannot do, what you have to send and

and when you have to send it in and when ballots are due. i was a voting assistance officer in guantanamo bay. and my job was to help my guys navigate that maze. because of the great work of states like ohio made it easier for folks to access the ballots. what ticks me off is the argument the obama admin station is making with arbitrary and without justification to treat the military differently. i don't see ieds or snipers shooting at our polling places. so to sort of try to make that argument, say they are being treated unequally is just to me below board. and i would like to see and i hope these military groups get this overturned. alisyn: you can hear the outrage from the captain and why he's so frustrated and why these half dozen other military groups are outraged. what will you do about the obama

campaign's lawsuit against your state? >> we filed. >> brief in opposition to it. john houston and i have done that, the secretary of state. i'm outraged by this. i can't believe the obama campaign, state democratic party are actually saying there is no rational basis for a distinction between someone who is in the military voting and someone who is not in the military. our whole history in this country we have made a distinction between with the two, recognizing the difficulties and the unique situation that people in the military are in. alisyn: the obama campaign says they don't like to see voting -- early voting for regular citizens, non-military citizens in ohio ends november 2. but what's curious is there are many other states that also have their early voting that ends on november 2, there is colorado,

wisconsin, nevada. i could go on. >> we have a much easier voting system in ohio than most states do. 35 days. any one of those days people can get an absentee ballot for no reason. it wasn't like in the old days when you had to be sick or out of state or out of county. alisyn: do you feel the obama campaign is targeting ohio for political reasons? >> well, what do you think? alisyn: you answer. >> i know, i know. of course, they are. this is a big important state. it's a big prize. but the irony is what we already pointed out. ohio has very open voting laws. it's not like ohio is very, very restrictive. >> ohio should not be punished. ohio should be applauded.

a group we work with, concerned vets for america, they have 15 all-star states. ohio is one of them because their laws are so flexible and they make sure anyone can vote, not just military members. what they say is we are going to give the military three extra days if the election gets closer. sometimes guys going on patrol and dealing with the enemy overseas they are not thinking about that election coming up or if they filed for an absentee ballot. so they are given a couple extra days to do that. it's common sense. veterans should be outrages and take this issue on. i'm glad to see ohio's political leadership fighting back. alisyn: thanks so much for coming in and explaining all this. as we get reports on the rising unemployment rate, it's about to become more expensive to put food on your table. how the worst drought in decades is affecting grocery store prices. the stars and stripes front and

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alisyn: you heard governor romney reacting to our story about ohio voters. he shared a metsage for senator reid. romney telling reid, put up or shut up when it comes to allegations about romney's taxes after senator reid said this on the senate florida yesterday. >> so the word's out that he hasn't paid any taxes for 10

years. let him prove that he has paid taxes because he hasn't. we already know from one partial tax return that he gave us he has money hidden in bermuda, the cayman islands and a swiss bank account. alisyn: tell us more, mike. >> reporter: since that comment from the senate majority leader on the senate floor, the war of words between senator harry reid and governor romney has escalated. governor romney was campaigning in reid's home state of nevada which was particularly hard hit during the recession in las vegas. governor romney emphasized what he would do to create jobs, reduce unemployment and help the middle class. senator reid released this statement. the most secretive presidential candidate since richard nixon is

coming to nevada. forget about president, he couldn't get confirmed as a cabinet secretary. >> i paid taxes every year, and a lot of taxes. so harry is simply wrong and that's why i'm anxious for him to give us the names of the people that put this forward. if i wouldn't be surprised to hear they are from the white house or obama campaign. who knows where they are coming from. >> reporter: the romney position on all this is this is a big distraction. trying to take away the focus from the economy. not enough jobs. too high unemployment. governor romney was asked if he would release more paperwork to neutralize this line of attack. he said he would release this 2011 tax returns when they got finalized. but it does not appear the back and forth went senior senator here in nevada and the presidential candidate on the republican side is going away anytime soon.

alisyn: nothing like rumors being touted as fact. the president said in 2009 if he could not improve our 8.3 unemployment rate his time in office could be quota one-term proposition. fast forward to today's jobs report and that 8.3 number is looking familiar. we'll take a look at why overall unemployment is still on the rise and the larger measure of unemployment is also increasing and what that means for millions of americans who can't find work or want more of it. >> this continues a pattern of american families really struggling having hard times and the president's policies are to blame for not having gotten the economy back on track. and a lot of people are suffering from this country. i think it's an extraordinary failure of policy, a failure of leadership and a moral failure. man: there's a cattle guard, take a right.

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alisyn: cal ripken junior asking for your help to find the man who abducted his mother from her home. she was later found physically unharmed but emotionally is a different story. trace gallagher is live in our west coast newsroom. >> reporter: the ripken family

is speaking out because there are so many unanswered questions and they are clearly not getting the answers they want. it's been almost a week and the kidnapper is large. he kidnapped her at gunpoint from her home, he blindfolded her, tide her legs, put her in her car, drove her around, and dropped her off at a neighbor's home the next morning. her credit cards were stolen and used. there was no mention of the ripken name at all and no ransom demand. >> the reason i'm standing here reluctantly in front of you is to help the process to help law enforcement get more leads and get an identity of the person that took mom. >> reporter: vi ripken has not returned to her home in aberdeen. this surveillance video they

believe is of the suspect. they have this and a sketch to go on. they believe he's a white male between 30-40 years old. this is all they have which is why the ripken family is pleading for help to find out what they can about this guy. cal ripken was on "fox and friends" saying his mom is physically fine, she is emotionally shaken and they want information at the very least to get this guy off the street. as you might imagine, they feel a little bit more tense about their own security on a tie to day basis, being very protective about their mom and they want to know what the me tough for this was. alisyn: such a strange story. if they recognize this sketch they can call the authorities and give them the information. >> i will be held accountable. i have got four years.

and a year from now i think people are going to see that we are starting to make some progress. but there is going to be some pain out there. if i don't have this done in three years it will be a one-term proposition. alisyn: that was president obama in february of 2009 talking about what would happen if he could not improve on what was then an 8.3% unemployment rate. last month's unemployment rate ticked up to 8.3%. those that are out of work and quit look or underemployed has hit 15%. 23 million americans sidelined by an economy still struggling. >> our businesses created 172,000 new jobs in the month of july. that means that we have now created 4.5 million new jobs over the last 29 months.

1.1 million jobs so far this year. >> the official unemployment number 8.3%. that's the longest period of time, 42 months, the longest period of time we have had unemployment in american history, since this has been record. this an extraordinary record of failure. alisyn: let's discuss this with our panel. melissa frances is a former obama for america aide. thank you, that better. @and the managing director. the unemployment number obviously is different depending on how you look at it. either 8.3 or if you are the white house and you looked on their web site the chairman of

their council of economic advisers said the's 8.25%. they wanted to make the distinction it's not quite 8.3%. but the 23.5 million americans who have been discouraged from looking for work or not work as much as they need to, the broader number ticked up to 15% of the population says they need to work more in order to make end meet. alisyn: that's what they call the misery index, how people are feel being their role in the workforce. if he didn't have this licked in three years he expected to be a one-term president. >> job creation is happening. there are 100,000 new jobs created in july and job creation has been rising since obama has come to the white house. >> according to a household

survey sit went down. we lost 195,000 jobs. it shows the option thing and the unemployment rate ticked up to 8.3%. it depends on which survey you are looking at to see whether we are moving in a positive or negative direction. >> this number is a fuzzy number. the one number that changed is the participation rate. if you went back to when obama took office and you used that same participation rate. a lot of people dropped out of the workforce, unemployment would be at 11%. there is no way to spin this anyway different. what he is doing is not working. when riding a sick horse, dismount. right now nothing he's doing -- >> it's true, historically presidents are not reelected with these numbers. >> i accept there is job creation and bush was losing 700,000 jobs a month. we turned that around. >> if you look at chart of job

creation from before obama came into office until now it has gone continually up. and we are working towards that. congress also has to join in and help and pass the rest of the american jobs act. >> is that a good enough narrative? hey, you know what? it's better than it was when i took office. >> it's not better. we have net fewer jobs than when he took office if you look at january 2009 to right now. we have 316,000 fewer jobs. you could throw numbers out there all day long and you would just -- all you have to look at is how you feel, what your income is. are people around you spending, are they worried about spending money and hang on to their jobs? to say bush is doing worse i don't think resonates with the american people. maybe don't want him back either. i don't think he's running. >> i have got to say. last night i was looking at these numbers.

but i was looking at the last two quarters of when bush was in office. you are right. we had a bubble burst from the housing crisis which is not bush's economy. let's make sure we understand. there are two parties and the democrats controlled congress for quite some time. this line we heard over and over again do you want to return to what we had before. guess what? that's not bush's economy. you can say it but it isn't true. i could say it looks like brad pitt about it isn't true. >>it is the economy obama inherited. >> it just hasn't gotten better. what he is doing is not working. >> i understand that everybody can fun the numbers where they want. but the feeling is that we are not necessarily on the trajectory we want to be. so how does the president tackle that to get voters to go along with it? >> he's not saying we are in a good place and this is it, i'm done. he's saying we are working

towards it. we have moved the dial. i know you are not where you want to be. but we are getting there and there is more we can do and there are acts in front of congress that can help with this and we are increasing important parts of the economy. we had 25,000n jobs in manufacturing. and that we are focusing on things that will move that dial. and that it takes time. >> i think what's most distressing is what we are seeing in the broader economy. if you look at reagan in 1984 in july we created 312,000 jobs in the same month in july. wausau then was a v-shaped economy. you have a recession, then bounce back because things have been so bad. we haven't done that this time. we have seen this recovery be very, very flat. economists say businesses feel under fire, restrained. waste is, we haven't seen this big uptick everyone expected.

alisyn: we have to leave it there. thanks so much for coming in. there are new questions about whether the stars and stripes are being stripped from america's quest for olympic gold. not just from the uniform. but also in the stand. the folks on the sidelines back at home. we have that debate and discussion right after this break. [ female announcer ] research suggests the health of our cells plays a key role

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alisyn: a proud moment at the olympics when gabby douglas wouldn't gold medal in gymnastics. the crowd went wild with cheers but we are not hearing the chant of "usa" that we heard in some olympics gone by. some folks noticed that american athletes' uniforms don't carry the stars and stripes look as much as they have in past years. the famous flag-style outfits

worn in years past replaced. so how do we show up on patriotism at the games? david webb is the cofounder of tea party 365. how are you doing? gabby had that great moment. everybody was so excited and she is in hot pink. that's her prerogative. >> gymnasts adjust their uniforms within boundaries. i'm proud to be an american. i was around in 1980. i went to school with the younger miracle on ice. what's wrong with showing pride. what we are seeing is this soft anti-american feeling that americans can't show our exception amism. frankly if they are offended by our showing our exceptionalism they have that right and i don't care and neither do most americans and that's a fact. alisyn: what is behind it that

we are not as row -- not as outgoing as we once were. in 1984 we were so filled with national pride and people were covering themselves with the flag. the president of the i.o.c. complained that it was making the other countries feel uncomfortable. so now we tamped it down. do you buy that theory? >> no, i don't. and why should we? every country has a right to cheer for their team. i have been to english soccer matches. i'm sure the english men and women are cheering at the pubs as rightfully they should. but america is america. and we are a very fashionistic facing. we also lost over time that feeling, "the national anthem," we sing it at baseball games. i think it should be followed

with play ball it's kind of an american thing. we lost a little bit of that. saying the pledge of allegiance. red, white and blue, wear it. waist. be proud to be an american. it's not a political issue but they make it a social issue. alisyn: and a fashion issue. there is great tremendous national pride as we see our athletes bringing home so many gold medals. is it just about fashions? >> if you want to be in the olympics you are playing for your country. the chinese are wearing red predominantly because that's their national color. why not us with the red, wide and blue. there is a meaning behind the red, white and blue. the field of stars and the blood that's been shed. that's what we need to focus on and get that out in our country. alisyn: is there a feeling we

are too vein? we know wore great. people think we are being too vein and boisterous? >> remember when you won a trophy? alisyn: no, i never won a trophy. >> you won a pro i from me. but you win something, whether it's a trophy, what do you feel, or let's say your parents, you get great grades or you do something. that's a feeling of accomplishment. you are in sports to compete. i played sports, i played individual sports and team sports. when you compete and work together, when you achieve be you feel that i'd have i and as a team. when you take that away, you take away the reason we do this in a lot of ways. proud to be an american. lee greenwood is not the only one that can say it. alisyn: coming up. a father and son day at the beach ends in a near-death

experience when a man is attacked by a killer shark. the split second decision that saved his life. >> we were work our way out to the sandbar. he said to me what do you think would happen if a shark came along. i said well we would be history. while some fiber ads use super models, metamucil uses super hardworking psyllium fiber, which gels to remove unsexy waste and reduce cholesterol. taking psyllium fiber won't make you a model, but you should feel a little more super. metamucil. down with cholesterol. but you should feel a little more super.

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alisyn: an update on a story we brought earlier this week. a father bitten by a shark off cape cod, massachusetts is going home from the hospital. he was attacked while swimming with his son. he was bitten on both legs. he knew his only chance for survival was to swim to shore. >> i felt a huge bite on my leg

and i was quite sure it was a shark. i felt like my leg was caught in a vise. i kicked hard with my right leg and the shark decided i wasn't tasty and something good happened and he let me go. i'm pleased to be here and walking. alisyn: wildlife experts believe that shark was a great white. new calls to have a controversial monument dedicated to women torn down. honoring the memory of comfort women who were forth into sexual slavery during world war ii. one group is strongly objecting to this monument. >> small monument but big controversy. these comfort women forced to

have soldier -- to have sex with soldiers so they didn't go off base. memories that still haunt these women today. >> it's impossible to express that pain in words. i was only 14 years old. i didn't know anything about men. >> for years they lived in cold rooms raped repeatedly. today in palisades park, new jersey their stories are remembered through a small monument. teaching the history. some would like to forget. >> when i heard about it here, the reason for this monument i was horrified. >> reporter: the memorial has become a monument of controversy. the mayor says japanese officials paid him a visit and asked him to take it down.

they said they have evidence it never happened and a group of women lied. >> reporter: in a statement to fox news the japanese government did not mention the monument but they told us they gave each survivor $25,000. these women say that's not enough. 61 of them still alive living together in a shelter in korea. they say the story is important and this monument is important so their story isn't forgotten again. alisyn: what a troubling story that we haven't heard about until now. a new video to teach people what to do in the event of workplace shootings. the three words that could save your life coming up. ♪ [music plays] ♪ [muc plays] ♪ [music plays]

i've been fortunate to win on golf's biggest stages. but when joint pain and stiffness from psoriatic arthritis hit, even the smallest things became difficult. i finally understood what serious joint pain is like. i talked to my rheumatologist and he prescribed enbrel.

enbrel can help relieve pain, stiffness, and stop joint damage. because enbrel, etanercept, suppresses your immune system, it may lower your ability to fight infections. serious, sometimes fatal events including infections, tuberculosis, lymphoma, other cancers, and nervous system and blood disorders have occurred. before starting enbrel, your doctor should test you for tuberculosis and discuss whether you've been to a region where certain fungal infections are common. don't start enbrel if you have an infection like the flu. tell your doctor if you're prone to infections, have cuts or sores, have had hepatitis b, have been treated for heart failure, or if, whilen enbrel, you experice persistent fever, :

>>alisyn: scientists in california are ready for a historic landing this weekend, curiosity will land on mars on sunday, the centerpiece of nasa